출입국관리법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of stay eligible for legitimate job-seeking activities, and no person shall employ a foreigner who has no status of stay eligible for legitimate job-seeking activities.
Nevertheless, the Defendant, while operating a manufacturer from B to C with the name of the manufacturer, employed 11 foreigners who did not have the status of stay for legitimate job-seeking activities as shown in the list of crimes in the attached Table, including employment of foreign D, who possessed b-1 visa from March 11, 2017 to May 31, 2017 and did not have the status of stay for legitimate job-seeking activities.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to inquire about the details of the accusation, examination decision, copy of the certificate of foreign employment, copy of the business registration certificate, copy of the contract, foreigner's written statement, copy of the foreigner's registration card/individual immigration status, investigation report (the details of inspection direction- relative investigation of the employee in charge of immigration management offices- telephone conversations of witnesses) and entrance records
1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act regarding criminal facts and the selection of punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62(1) of the Criminal Act on the Suspension of Execution (the crime of this case is not less than the nature of the crime, such as setting up a condition under which illegally staying foreigners can stay in the Republic of Korea and bring about social problems. However, considering such factors as the confession by the defendant, the period during which the illegal staying foreigner is employed is relatively short, the defendant has no criminal history, and the defendant does not seek any employee, and the crime of this case is not committed, etc., the punishment is determined as ordered by the order);